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(영문) 인천지방법원 2016.10.28 2016노2664

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The transfer of the means of electronic financial transactions, such as the instant crime, is highly likely to cause secondary damage, such as fraud, and there are circumstances unfavorable to the Defendant, such as that the means of access actually transferred by the Defendant was used in the crime of fraud, but the Defendant recognized the Defendant’s fault and reflects his fault, and considering the following factors: (a) the primary offender who had no record of criminal punishment prior to the instant case; and (b) the Defendant’s age, character and conduct, environment, details and motive of the crime, means and consequence; and (c) all of the sentencing conditions stated in the instant pleadings, such as the circumstances after the crime, the sentence imposed by

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.